A History of Ancient Near Eastern Law

(Romina) #1

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son-in-law, after he had adopted him.^72 Its editor is inclined to regard
it as a land-grant document “in the broad sense.”^73 In favor of this
interpretation is the royal seal that the document bears. On the other
hand, the steward may have sought only to make his grant more
secure by giving it the appearance of an official transaction. The
NA”Û-NADÀNUclause is, of course, lacking.

6.4 Inheritance


HL contain three provisions concerning inheritance: 27, 171, and 192.


6.4.1 Upon marriage, a daughter receives a dowry from her father.
HL 27 regulates the fate of this property after the wife’s death. Two
situations are distinguished: if the wife dies, as is normal, in her hus-
band’s house, the dowry passes to the husband. If she dies in her
parents’ house and there is a son, the widower receives nothing.^74

6.4.2 HL 192 regulates the opposite case. The husband has, for
unstated reasons, a “partner”^75 —possibly, the reference is to a busi-
ness relationship. Following Hoffner’s suggestion, the partner has to
marry the widow.^76 The rationale for this rule may be for the part-
ner to maintain the enterprise, in that by marrying the widow he
receives her inheritance.

6.4.3 HL 171 is an obscure provision, apparently concerning the
disinheritance of a son by his mother. The mother performs certain
formal gestures to effect disinheritance or reinstatement.^77

6.4.4 The land grants (6.3.2 above) contain an inheritance element.
If claims of ownership may not be made against the donee and his
descendants, then it amounts to transfer of the estate; the donee is
the equivalent of an heir.

(^72) Haase, “76 (Pfandrecht),” 95.
(^73) Balkan, “Eine Schenkungsurkunde.. .,” 41.
(^74) Haase, “Drei Kleinigkeiten.. .,” 65–67.
(^75) Ibid., 67.
(^76) Hoffner, Laws.. ., 151, n. 539, 225.
(^77) Ibid., 217.
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